Pre  sbL(t"er\  an  Church 
in  the  U.S.  A. 

Book  of  Discipline 


'■;     y^~^y    :     rv_j 


^ 


^ 


THE 


Book  of  Discipline, 


IN     A 


REVISED    FORM, 


AS    PROPOSED    BY 


The  Assembly's  Revision  Committee, 

Chu, 


New  Yokk: 
PRESS  OF  S.  W.  GREEN'S  SON,  74  BEEKMAN  STREET 

1880. 


-a ArooA t^ 


\ 


THE   BOOK    OF   DISCIPLINE. 

CHAPTER  I. 

OF  DISCIPLINE. — ITS  NATURE,    ENDS,    AND   SUBJECTS. 

1.  Discipline  is  the  e.vercise  of  that  aulliorily,  and  tlie  application  of  tli^t 
system  of  laws,  wliich  the  Lord  Jesus  C'lirist  has  appointed  in  lii.s  Church.  The 
term  has  two  senses — the  one  referring  to  the  whole  instruction,  training,  in- 
spection, guardianship,  government,  and  control,  exercised  by  the  Church  over 
its  members,  officers,  and  judicatories;  the  other,  a  restricted  sense,  indicative 
of  judicial  proceedings  for  the  investigation  and  correction  of  alleged  of- 
fences.. 

2.  The  ends  of  discipline  are  the  maintenance  of  the  truth,  the  vindication  of 
the  authority  and  honor  of  Christ,  the  promotion  of  tlie  purity  of  the  Church, 
and  its  editicatiou,  in  the  rebuke  of  offences,  the  removal  of  scandal,  and  the 
spiritual  good  of  offenders. 

3.  An  offence  is  anything,  in  the  principles  or  practice  of  a  church-member, 
wliich  is  contrary  to  the  word  of  God;  or  which,  if  it  be  not  in  its  own  nature 
sinful,  may  tempt  others  to  sin,  or  mar  their  spiritual  edification. 

4.  No  alleged  offence,  however,  ought  to  be  considered  by  any  judicatory  as 
a  proper  object  of  judicial  process,  which  cannot  be  shown  to  be  contrary  to  tlie 
Holy  Scriptures,  or  to  the  regulations  and  practice  of  tlie  Church  founded  on 
the  Scriptures.         , 

5.  All  children,  born  within  the  pale  of  the  visible  Church,  are  members  of 
the  Church,  are  to  be  baptized,  are  under  the  care  of  the  Church,  and  subject 
to  its  government  and  discipline:  and,  when  they  have  arrived  at  the  years  of 
discretion,  they  are  bound  to  ])erforiii  all  the  duties  of  church-members. 

CHAPTER  n. 

OF   THE   PARTIES   IN    CASES   OF   PROCESS. 

6.  Process  against  an  alleged  offender  shall  not  be  commenced  unless  eome 
person  undertakes  to  .sustain  the  charge;  or  unless  the  judicatory  finds  it  ncces- 
-sary  for  the  ends  of  discipline  to  investigate  the  alleged  offence. 

7.  A  prosecutor,  in  the  case  of  personal  offences,  must,  before  seeking  a  judi- 


2  THE    BOOK    OF    DISCIPLINE. 

cial  invesjiigatioii,  have  taken  the  previous  steps  required  by  the  Lord  Jesus 
Christ,  Matthew  xviii.  15.  16:  'If  tliy  brother  shall  trespass  against  thee,  go  and 
tell  him  his  fault  between  thee  and  him  alone ;  if  he  shall  hear  thee,  thou  hast 
gained  thj^  brother.  But  if  he  will  not  hear  thee,  then  take  with  thee  one  or  two 
more,  that  in  the  mouth  of  two  or  three  witnesses  every  word  may  be  estab- 
lished;" or  render  .himself  liable  to  censure. 

8.  In  cases  of  prosecution  initiated  by  the  judicatory,  the  previous  steps  re- 
quired by  our  Lord  in  the  case  of  personal  offences,  are  not  necessary ;  yet  in 
manj'  cases  it  is  advisable  to  confer  privately  with  the  accused,  to  obviate,  if 
practicable,  the  necessity  of  actual  process. 

9.  In  all  cases  of  prosecution  initiated  by  the  judicatory,  the  Pkesbyterian 
Church  in  the  United  States  of  America  shall  be  considered  as  the  prose- 
cutor, and  regarded  as  an  original  party;  in  all  other  cases,  the  individual 
prosecutor  shall  be  an  original  party. 

10.  In  all  cases  of  prosecution  initiated  by  the  judicatory  they  shall  appoint 
one  or  more  of  their  own  members  as  a  Committee  of  Prosecution,  who  shall 
have  charge  of  the  case,  in  all  its  stages,  from  judicatory  to  judicatory,  until  the 
final  issue  be  reached. 

11.  An  individual,  who  considers  himself  slandered,  may  request  an  investi- 
gation, which  it  may  be  the  duty  of  the  proper  judicatory  to  institute.  If  the 
request  be  granted,  one  or  more  meml)ers  of  the  judicatory  should  be  appointed 
to  investigate  the  facts  alleged,  and  make  a  written  report.  A  record,  in  accord- 
ance with  this  report,  may  terminate  the  whole  proceeding. 

12.  Great  caution' ought  to  be  exercised  in  receiving  accusations  from  any 
person  who  is  known  to  indulge  a  malignant  spirit  towards  the  accused,  or  who 
is  not  of  good  character,  or  who  is  himself  under  censure  or  process,  or  who  is 
personally  interested  in  any  respect  in  the  conviction  of  the  accused,  or  who  is 
known  to  be  litigious,  rash,  or  highly  imprudent. 

13.  Any  prosecutor,  not  appointed  by  the  judicatory,  shall  be  previously 
warned  that,  if  he  fail  to  show  probable  cause  for  the  charges,  he  must  himself 
be  censured,  as  a  slanderer  of  the  brethren,  in  proportion  to  the  malignancy  or 
rashness  that  shall  appear  in  the  prosecution. 


CHAPTER  III. 

OP  charges  and  specifications. 

14.  The  charge  shall  always  set  forth  the  alleged  offence;  and  tlie  specifica- 
tions shall  set  forth  tlie  facts  relied  upon  as  sustaining  the  charge  ;  each 
specification  declaring,  as  far  as  possible,  the  time,  place,  and  circumstances; 
to  be  accompanied  with  the  names  of  the  witnesses  to  1)e  cited  for  its  sup- 
p:>rt. 

15.  A  charge  .shall  not  allege  more  tiian  one  offence;  several  charges  against 
the  same  person,  however,  with  the  sjx'cifications  under  each  of  them,  may  be 
presented  to  the  judicatory  at  one  and  the  same  time;  and  may,  at  the  discretion 
of  the  judicatory,  be  tried  together.  But  when  .several  charges  are  tried  at  the 
same  time,  a  judgment  on  each  charge  nuist  be  separately  I'endered. 


THK    HOOK    OF    DISCI  PLTJSTE.  6 

16.  In  all  cases  of  alleged  personal  injury,  where  the  party  prosecuting  is  the 
injured  person  or  persons,  the  charge  must  be  accompanied  with  an  averment, 
that  the  course  prescribed  by  our  Ltord,  Matt,  xviii.  15,  16,  has  been  followed, 

and  with  the  names  of  witnesses  to  support  it. 


CHAPTER  IV. 

OF   PROCESS. — GENERAL    RULES   PERTAINING   TO   ALL   CASES. 

17.  Original  jurisdiction,  in  relation  to  Ministers  and  Elders,  pertains  to  the 
Presbytery;  and,  in  relation  to  others,  to  the  Session.  But  the  higher  judi- 
catories may  institute  process,  in  cases  in  which  the  lower  have  been  directed 
so  to  do,  and  have  refused  or  neglected  to  obey. 

18.  When  a  judicatory  enters  on  the  consideration  of  an  alleged  offence,  the 
charge  and  specifications,  which  shall  be  in  writing,  shall  be  read;  and  nothing 
more  shall  be  done  at  that  meeting,  unless  by  consent  of  parties,  than  to  furnish 
the  accused  with  a  copy  of  the  charge  and  specifications,  together  with  the 
names  of  all  the  witnesses,  then  known,  to  support  each  specification;  and  to 
cite  all  concerned  to  appear  at  a  subsequent  meeting  of  the  judicatory,  which 
shall  not  be  sooner  than  ten  days  after  the  service  of  the  citations.  The  cita- 
tions shall  be  signed,  in  the  name  of  the  judicatory,  by  the  Moderator,  or  Clerk; 
who  shall,  also,  furnish  citations  for  such  witnesses  as  either  party  shall  nominate 
to  appear  on  his  behalf. 

19.  Citations  are  to  be  served  either  personally,  or,  in  case  the  persons  cited 
cannot  be  found,  by  leaving  a  copy  of  the  citation  at  their  last  known  place  of 
residence;  and  due  care  must  be  taken  by  judicatories,  before  proceeding  to 
trial,  to  ascertain  that  the  citations  have  been  duly  served. 

20.  At  the  meeting  at  which  the  citations  are  returnable,  the  accused  shall 
answer  in  writing.  If  unable  to  be  present  in  jierson,  he  may  appear  by  counsel. 
If  he  confess,  or  if  he  admit  the  specifications,  but  deny  that  they  constitute  an 
offence,  the  judicatory,  after  hearing  the  parties,  may  proceed  to  judgment. 
But,  if  he  deny  the  specifications,  the  trial  shall  proceed. 

21.  If  an  accused  person  refuses  to  obey  a  citation,  a  second  citation 
shall  issue,  accompanied  with  a  notice  that,  if  he  do  not  appear  at  the  time 
appointed,  unless  he  be  providentially  hindered,  he  will  be  censured  for  his  con- 
tumac}'.  If  he  should  not  a])pear,  the  judicatory  may  ajjpoint  some  person  to 
represent  him,  and  proceed  to  trial  and  judgment  in  his  absence.  The  time 
allotted  for  his  appearance,  on  any  citation  subsequent  to  the  first,  is  left  to  the 
discretion  of  the  judicatory:  but  sliall  not  lu'  less  than  is  sufticient  for  convenient 
compliance.  The  same  rule,  as  to  the  time  allotted  for  appearance,  shall  apply 
to  all  witnesses  cited  at  the  request  of  either  party. 

22.  Tlie  witnesses  shall  be  examined,  and,  if  desired,  cro-ss-examincd.  at  a 
meeting  of  which  the  accused  has  l)een  duly  notified;  after  which,  new  wit- 
nesses, for  the  purpose  of  rebutting  only,  may  be  introduced  by  either  party. 
New  testimony,  liowever.  discovered  during  the  progress  of  the  trial,  may  be 
admitted,  in  behalf  of  either  party,  under  such  regulations,  as  to  notice  of  the 
names  of  witnes.ses  and  the  nature  of  the  proof,  as  the  judicatory  .shall  deem 
reasonable  and  proper:  and  then  the  parlies  themselves  shall  be  heard. 


4  THE    BOOK    OF    DISCIPLINE. 

23.  The  charge  and  specilications,  the  answer,  if  there  be  one,  and  the  judg- 
ment, shall  be  entered  on  the  records  of  the  judicatory.  The  minutes  shall  also 
exhibit  all  the  acts  and  orders  of  the  judicatory  relating  to  the  case,  with  the 
reasons  therefor,  and  all  the  testimony  taken  and  produced  before  it,  together 
with  the  notice  of  appeal,  and  the  reasons  thereof,  if  any  shall  have  been  filed; 
all  which  shall  constitute  the  record  of  the  case;  and,  in  case  of  a  removal 
thereof  by  appeal  or  complaint,  the  lower  judicatory  shall  transmit  the  record 
to  the  higher.  Nothing  which  is  not  contained  in  the  record  shall  be  taken  into 
consideration  in  the  higher  judicatory. 

24.  Exceptions  may  be  taken,  by  either  of  the  original  parties  in  a  trial,  to 
any  part  of  the  proceedings  of  the  judicatory,  except  in  that  of  last  resort,  and 
shall  be  entered  on  the  records. 

25.  When  one  or  more  members  of  a  judicatory  dissent  from  the  final  judg- 
ment in  a  particular  case,  the  dissent,  with  or  without  reasons,  if  couched  in 
respectful  language,  shall,  if  desired,  be  entered  on  the  records;  but  none  shall 
join  in  the  dissent  except  those  who  voted  in  the  decision. 

26.  No  counsel  not  in  full  communion  with  the  Church  shall  be  admitted  in 
cases  of  pi'ocess  in  any  judicatory.  Neither  the  counsel  nor  the  prosecutor  shall 
be  allowed  to  sit  in  judgment  or  vote,  in  the  trial  of  the  case. 

27.  Questions  as  to  order  or  evidence,  arising  in  the  course  of  process,  shall, 
after  the  parties  have  had  an  opportunity  to  be  heard,  be  decided  by  the 
Moderator,  subject  to  appeal;  and  the  question  on  the  appeal  shall  be  deter- 
mined without  debate;  all  such  decisions,  if  desired  by  either  party,  shall  be  put 
on  record. 

28.  No  member  of  a  judicatory  shall  be  allowed  to  vote  in  the  final  judg- 
ment on  a  particular  case,  who  has  not  been  present  during  the  whole  of  the 
trial.  If,  however,  a  member  has  been  necessarily  absent  during  the  taking  of 
the  final  vote,  his  vote  may  be  recorded  before  the  close  of  the  same  sitting  of 
the  judicatory. 

29.  The  parties  shall  be  allowed  copies  of  the  record  at  their  own  expense ; 
and,  on  the  final  disposition  of  a  case  in  a  higher  judicatory,  the  record  of  the 
judgment  shall  be  transmitted  to  the  judicatory  in  which  the  case  originated. 

80.  In  the  infliction  and  removal  of  church  censures,  judicatories  shall 
observe  the  modes  prescribed  in  Chapter  X.  of  the  Directory  for  Worship. 

31.  In  all  cases  of  judicial  process,  the  judicatory  may,  at  the  opening  of  the 
case,  determine,  by  a  vote  of  two-thirds,  to  sit  with  closed  doors. 


CHAPTER  V. 

SPECIAL   RULES    TERTAINING    TO    CASES    BEFORE    SESSIONS. 

32.  As  cases  may  arise,  in  which,  after  a  charge  has  been  filed,  it  is  imprac- 
ticable to  commence  process  immediately,  the  Session  may,  in  such  cases,  if 
they  judge  that  the  edification  of  the  (Church  demands  it,  require  the  accused  to 
refrain  from  approaching  the  Lord's  Table  during  such  time  as  may  be  needed 
for  the  proper  investigation  of  the  charge. 

33.  When  an  accused  person  has  been  twice  duly  cited,  and  contumaciously 


THE    BOOK    OF    DISCIPLINE.  0 

refuses  to  appear,  by  himself  or  counsel,  before  the  8essiou,  or,  appearing, 
refuses  in  like  manner  to  answer  the  charge  brought  against  him,  he  shall  be 
suspended  from  the  communion  of  the  Church,  and  shall  so  remain  until  he 
repents  of  his  contumacy,  and  submits  himself  to  the  orders  of  the  judicatory. 

34.  The  censures  to  be  inflicted  by  the  Session  are  Admonition,  Rebuke, 
Suspension  from  the  communion  of  the  Church,  and,  in  the  case  of  gross 
offenders,  who  will  not  be  reclaimed  In'  milder  measures,  Exconununication. 

35.  The  sentence  shall  be  i)ublishcd,  if  at  all.  only  in  the  Church,  or  Churches, 
which  have  been  offended. 

CHAPTER  VI. 

GENERAL,   RULES   PERTAINING   TO    THE   TRIAL   OF   A   MINISTER. 

36.  As  the  honor  and  success  of  the  gospel  depend,  in  a  great  measure,  on 
the  character  of  its  Ministers,  each  Presbytery  ought,  with  the  greatest  care  and 
impartiality,  to  watch  over  the  personal  and  professional  conduct  of  all  its 
members.  But  as.  on  the  one  hand,  no  Minister  ought,  on  account  of  his  office, 
to  be  screened  from  the  hand  of  jiistice,  or  his  offences  to  be  slightly  censured, 
so  neither  ought  charges  to  be  received  against  him  on  slight  grounds. 

37.  If  a  ^linister  be  accused  of  an  offence,  at  such  a  distance  from  his  usual 
place  of  residence,  as  that  it  is  not  likely  to  become  otherwise  known  to  his 
Presbytery,  it  shall  be  the  duty  of  the  Presbytery  within  whose  bounds  the 
offence  is  alleged  to  have  been  committed,  if  they  shall  be  satisfied  that  there  is 
probable  ground  for  the  accusation,  to  notify  his  Presbyteiy  thereof,  and  of  the 
nature  of  the  offence;  and  his  Presbytery,  on  receiving  such  notice,  .shall,  if 
they  think  that  the  honor  of  religion  requires  it,  proceed  to  the  trial  of  the  case. 

38.  If  a  Minister,  accused  of  an  offence,  contumaciously  refuse  to  appear,  by 
himself  or  counsel,  after  being  twice  duly  cited,  he  shall  be  admonished,  or  sus- 
pended from  his  office,  at  the  discretion  of  the  Presbytery;  and  if,  after  another 
citation,  lie  contumaciously  refuse  to  appear,  by  himself  or  counsel,  he  shall  be 
suspended  from  the  communion  of  the  Church. 

39.  If  the  accused  be  found  guilty,  he  shall  be  admonished,  rebuked,  sus- 
pended, or  deposed  from  office  (with  or  without  suspension  from  church  privi- 
leges, in  either  case),  or  excommunicated. 

40.  Heresy  and  schism  maybe  of  such  a  nature  as  to  infer  deposition;  but 
errors  ought  to  be  carefully  considered,  whether  they  strike  at  the  vitals  of  re- 
ligion and  are  industriously  spread,  or  whether  they  arise  from  the  weakness  of 
the  human  understanding,  and  are  not  likely  to  do  much  injury. 

41.  If  the  Presbytery  find,  on  trial,  that  the  matter  complained  of  amounts  to 
no  more  than  such  acts  of  infirmity  as  may  be  amended  and  the  people  satis- 
fied, so  that  little  or  nothing  remains  to  hinder  the  usefulness  of  the  offender, 
they  shall  take  all  prudent  measures  to  remove  the  evil. 

42.  A  Minister,  deposed  for  immoral  conduct,  shall  not  be  restored,  even  on 
the  deepest  sorrow  for  his  sin,  until  after  some  considerable  time  of  eminent 
and  exemplary,  humble  and  edifying  conduct;  and  he  ought  in  no  ca.se  to  be  re- 
stored until  it  shall  clearly  apjiear  that  the  religious  public  desire  his  restora- 
ti(ju;  and  then  only  by  the  jiulicatory  inflicting  the  censure,  or  with  its  advice 
and  consent. 


6  THE    BOOK    OF    DISCIPLINE. 

43.  If  a  Minister  be  deposed  without  excommunication,  his  Church,  if  he  be 
a  Pastor,  shall  be  declared  vacant ;  and  the  Presbytery  shall  give  him  a  letter  to 
any  Church  where  his  lot  may  be  cast.  If  a  Pastor  be  suspended  only,  the 
Presbytery  may,  with  the  consent  of  the  people  of  his  charge,  declare  his  pulpit 
vacant. 


CHAPTER  VII. 

GENERAL   RX^LES   PERTAINING    TO   THE   TRIAL   OF   AN   ELDER. 

.  44.  If  an  Elder  be  accused  of  an  offence  which  infers  censure,  the  proper 
judicatory,  to  investigate  and  issue  the  case,  is  the  Presbytery,  to  which  the 
Church  of  which  he  is  a  member  belongs. 

45.  If  the  Presbytery  judge  that  the  edification  of  the  Church  demands  it, 
they  may  require  the  accused  to  refrain  from  the  exercise  of  his  office,  and  from 
approaching  the  Lord's  Table,  until  the  Presbytery  have  passed  upon  his  case. 

46.  In  process  against  an  Elder,  the  Rules  of  Chap.  YII.,  so  far  as  applicable, 
shall  be  observed. 


CHAPTER  VIII. 

OF   CASES  WITHOUT   PROCESS. 

47.  In  cases  in  which  a  person  commits  an  obvious  offence  in  the  presence  of 
the  judicatory,  or  comes  forward  as  his  own  accuser  and  makes  known  his 
offence,  it  is  competent  for  the  judicatory  to  proceed  to  judgment  without  pro- 
cess, the  offender  always  having  the  privilege  of  being  heard ;  and,  in  the  first 
case  named,  he  may  demand  a  delay  of  at  least  two  days  before  judgment. 
The  record  of  the  transaction  must  show  the  nature  of  the  offence,  as  well  as 
the  judgment,  and  the  reasons  thereof. 

48.  If  a  communicant  not  chargeable  with  immoral  conduct,  inform  the  Ses- 
sion, that  he  is  fully  persuaded  that  he  has  no  right  to  come  to  the  Lord's 
Table,  the  Session  shall  confer  with  him  on  the  subject,  and  may,  should  he 
continue  of  tlie  same  mind,  and  his  attendance  on  the  other  means  of  grace  be 
regular,  excuse  him  from  attendance  on  the  Lord's  Supper;  and,  after  fully 
satisfying  themselves  that  his  judgment  is  not  the  result  of  mistaken  views, 
sliall  era.se  his  name  from  the  roll  of  conuuunicants,  and  make  record  of  their 
action  in  the  case. 

49.  If  a  communicant,  not  chargeable  with  immoral  conduct,  remove  out  of 
the  bounds  of  his  Church,  without  asking  for  or  receiving  a  regular  certificate 
of  dismission  to  another  Church,  and  his  residence  be  known,  the  Session  may, 
within  two  years,  advise  him  to  apply  for  such  certificate;  and,  if  he  decline  or 
neglect  so  to  do,  without  alleging  sufticient  reasons,  his  name  may  be  placed  on 
the  roll  of  suspended  members,  until  he  shall  satisfy  the  Session  of  the  pro- 
priety of  his  restoration.  But,  if  the  Session  have  no  knowledge  of  him  for  the 
space  of  three  years,  they  may  erase  his  name  from  the  roll  of  communicants, 
making  record   of  their  action  and  the  reasons  therefor.      In  either  case,  the 


TIIK    BOOK    OF    DISCIl'LINE.  7 

member  sliali  continue  subject  to  tlie  jurisdiction  of  tlie  Session.  A  separate 
roll  of  all  such  names  shall  be  kept,  stating  the  relation  of  each  to  the 
Cliurch. 

50.  If  a  conuuunicant  renounce  the  communion  of  this  Clnwch  by  joining 
another  denomination,  without  a  regular  dismission,  although  such  conduct  is 
disorderly,  the  Session  shall  take  no  other  action  in  the  case  than  to  record  the 
fact,  and  order  his  name  to  be  erased  from  the  roll.  If,  on  the  otlier  hand, 
charges  are  pending  against  him,  these  charges  may  be  prosecuted.  If  the  de- 
nomination be  heretical,  he  may  be  .suspended,  deposed,  or  excomnuuiicatcd 
without  trial. 

51.  If  a  Minister,  not  otherwise  chargeable  witli  an  offence,  renounce  the 
jurisdiction  of  this  Church,  by  abandoning  the  ministry,  or  becoming  indepen- 
dent, or  joining  another  denomination  without  a  regular  dismission,  the  Pres-' 
bytery  shall  take  no  other  action  in  the  case,  than  to  record  the  fact,  and  to 
erase  his  name  from  the  roll.  If,  on  the  other  hand,  charges  are  pending 
against  him,  these  charges  may  be  prosecuted. 

52.  If  a  Minister,  otherwise  in  good  standing,  shall  make  application  to  be 
released  from  the  office  of  the  ministry,  he  may,  at  the  discretion  of  the  Pres- 
bytery, be  put  on  probation,  for  one  year  at  least,  in  such  a  manner  as  the  Pres- 
bytery may  direct,  in  order  to  ascertain  his  motives  and  reasons  for  such  a  re- 
linquishment. And  if,  at  the  end  of  this  period,  the  Presbytery  be  satisfied, 
that  he  cannot  be  useful  and  happy  in  the  exercise  of  his  ministry,  they  may 
allow  him  to  demit  the  office,  and  return  to  the  condition  of  a  private  member, 
in  tlie  Church,  ordering  his  name  to  be  stricken  from  the  roll  of  the  Presbytery. 


CHAPTER  IX. 

OF  EVIDENCE. 

53.  Judicatories  ought  to  be  very  careful  and  impartial  in  receiving  testimony. 
Not  every  person  is  competent,  and  not  every  competent  person  is  credible,  as 
a  witness. 

54.  All  persons,  whether  parties  or  otherwi.se,  are  competent  witnesses,  ex- 
cept such  as  do  not  believe  in  the  existence  of  God,  or  a  future  state  of  rewards 
and  punishments,  or  have  not  sufficient  intejligence  to  understand  the  obligation 
of  an  oath.  Any  witness  may  be  challenged  for  incompetency,  and  the  judica- 
tory shall  decide  the  question. 

55.  The  credibility  of  a  witness,  or  the  degree  of  credit  due  to  his  testi- 
mony, may  be  affected  ])y  relationship  to  any  of  the  parties;  by  interest  in  the 
result  of  the  trial;  by  want  of  proper  age;  by  weakness  of  understanding;  by 
infamy  or  malignity  of  character;  by  being  under  church  censure;  by  general 
rashness,  or  indiscretion;  and  by  any  circumstances  that  appear  to  the 
judicatory  to  affect  his  veracity,  his  knowledge,  or  his  interest  in  the 
case. 

56.  A  lius])and  or  wife  shall  be  competent,  but  shall  not  be  required  to  bear 
testimony  for  or  against  the  other. 

57.  Evidence  may  be  either  oral  or  documentary.  In  tlie  case  of  oral  evi- 
dence, the  testimony  of  more  than  one  witness,  unless  supported  by  document- 


8  THE    BOOK    OF    DISCIPLINE. 

ary  evidence,  is  necessary  in  order  to  establish  a  charge;  yet,  where  there  are 
more  specifications  than  one  under  the  same  general  charge,  the  proof  of  two  or 
more  of  the  specifications,  each  by  a  diilerent  and  credible  witness,  especially 
when  supported  by  corroborative  facts  or  circumstances,  shall  be  suflicient  to 
establish  the  charge. 

58.  No  witness,  afterward  to  be  examined,  except  a  member  of  the  judicatory, 
shall  be  present  during  the  examination  of  another  witness  in  the  same  case, 
unless  by  consent  of  parties. 

59.  To  prevent  confusion,  witnesses  shall  be  examined  first  by  the  party  in- 
troducing them ;  then  cross-examined  by  the  opposite  party ;  after  which  any 
member  of  the  judicatory,  or  either  party, 'may  put  additional  interrogatories. 
Irrelevant  or  frivolous  questions  shall  not  be  admitted,  nor  leading  questions  in 
the  examination  in  chief. 

60.  The  oath  or  affirmation  shall  be  administered  by  the  Moderator  in  the 
following,  or  like,  terms:  "  You  solemnly  swear  [or  promise],  in  tlie  presence 
of  the  omniscient  and  heart-searching  God,  that  you  will  declare  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  according  to  tlie  best  of  your  knowledge, 
in  tlie  matter  in  which  you  are  called  to  witness,  as  you  shall  answer  to  the 
Oreat  Judge  of  quick  and  dead." 

61.  Every  question  put  to  a  witness  shall,  if  required,  be  reduced  to  writ- 
ing. When  answered,  it  shall,  if  deemed  by  either  party  of  suflicient  impor- 
tance, together  with  the  answer,  be  recorded.  The  testimony,  tlius  recorded, 
shall  be  read  to  the  witnesses,  in  the  presence  of  the  judicatory,  for  their  appro- 
bation and  sul)scription. 

62.  The  records  of  a  judicatory,  or  any  part  of  them,  whether  original  or 
transcribed,  if  regularly  authenticated  by  the  Moderator  or  Clerk,  shall  be 
deemed  good  and  sufficient  evidence  in  everj^  other  judicatory. 

63.  In  like  manner,  testimony  taken  by  one  judicatory,  and  regularly  authen- 
ticated, shall  be  received  as  valid  by  every  other  judicatory. 

64.  All  the  evidence,  introduced  in  any  judicatory,  shall  be  received  under, 
and  according  to  the  general  rules  of  evidence,  except  as  defined  and  limited  by 
the  provisions  of  this  Chapter. 

65.  Any  judicatory,  before  which  a  case  maj^  be  pending,  shall  have  power, 
whenever  the  necessity  of  parties  or  of  witnesses  shall  require  it,  to  appoint,  on 
the  application  of  either  party,  a  Coinmission  of  Ministers,  or  Elders,  or  both, 
to  examine  witnesses ;  which  Commission,  if  the  case  require  it,  may  be  of  per- 
sons within  the  jurisdiction  of  another  body.  The  Commissioners  so  appointed 
shall  take  such  testimony  as  may  be  ollfered  by  either  part}\  The  testimony 
is  to  be  taken  in  accordance  Avith  the  rules  governing  the  judicatory,  due  notice 
having  been  given  of  the  time  when,  and  place  where,  the  witnesses  are  to  be 
examined.  All  questions  as  to  the  relevancy  or  competency  of  the  testimony 
so  taken  shall  be  determined  by  the  judicatory.  The  testimony,  properly  au- 
thenticated by  the  signatures  of  the  Commissioners,  is  to  be  transmitted,  in  due 
time,  to  the  Clerk  of  the  judicatory  before  which  the  case  is  pending. 

66.  A  member  of  the  judicatory  may  be  called  iqion  to  bear  testimony  in  a 
case  which  comes  before  it.  He  shall  be  qualified  as  other  witnesses  are,  and. 
after  having  given  his  testimony,  may  immediately  resume  his  seat  as  a  member 
of  the  judicatory. 

67.  A  member  of  the  Church,  summoned  as  a  witness,  and  refusing  to  appear, 


THK    BOOK    OF    DISCIPLIXK.  9 

or,   Having  appeared,    rofiisiiig  to  g-ivc  tostimony.    may  be  consiircil  for  con- 
tumacy, according  to  the  circumstances  of  the  case. 

68.  If,  after  a  trial  before  anj'  judicatory,  new  testimony  be  discovered,  sup- 
posed to  be  highly  important  to  the  exculpation  of  the  accused,  it  is  proper  for 
him.  if  the  case  has  not  been  appealed,  to  ask.  and  for  the  judicatory  to  grant, 
a  new  trial. 

69.  If,  in  the  prosecution  of  an  appeal,  new  testimony  is  otfered  which,  in  the 
judgment  of  the  appellate  judicatory,  has  an  important  bearing  on  the  case, 
they  may  refer  the  whole  case  to  the  inferior  judicatory  for  anew  trial;  or, 
with  the  consent  of  parties,  take  the  testimony  themselves  and  issue  the  case. 


CHAPTER  X. 

OF   THE    W.WS    IN    WlllCir    A   CAUSE    MAY    BE    CARRIED    FROM   A    LOWER   TO   A 
HIGHER    JUDICATORY. 

70.  All  proceedings  of  the  Session,  the  Presbytery,  and  the  Synod,  are  sub- 
ject to  review,  and  may  be  taken,  to  a  superior  judieatoiy.  by  General  Review 
and  Control,  Reference,  Complaint,  or  Appeal. 


OF   GENERAL    REVIEW    AND   CONTROL. 

71.  It  is  the  dutj'  of  every  judicatory  above  a  Session  to  review,  at  least  once 
a  year,  the  records  of  the  proceedings  of  the  judicatory  next  below;  and,  if  the 
lower  judicatory-  shall  omit  to  send  up  its  records  for  this  purpose,  the  higher 
may  require  them  to  be  produced,  either  immediately,  or  at  a  particular  time,  as 
circumstances  may  determine. 

72.  In  reviewing  the  records  of  an  inferior  judicatory,  it  is  proper  to  examine, 
first,  whether  the  proceedings  have  been  constitutional  and  regular  ;  secondly, 
whether  they  have  been  wise,  equitable,  and  for  the  edification  of  the  Church  ; 
and,  thirdly,  whether  they  have  been  correctly  recorded. 

73.  ^lembers  of  the  judicatory,  whose  records  are  under  review,  shall  not  be 
allowed  to  vote  in  the  case. 

74.  In  most  cases  the  superior  judicatory  may  be  considered  as  fulfilling  its 
duty,  by  simply  placing  on  its  own  records,  and  on  those  under  review,  the 
animadversion  or  censure  which  it  may  think  proper  to  pass.  But  there  may 
l)e  cases  of  irregular  proceedings,  so  disreputable  and  injurious  that  the  inferior 
judicatory  should  be  required  to  review  and  correct,  or  reverse,  such  proceedings, 
and  report,  within  a  specified  time,  its  compliance  with  the  injunction  of  the 
superior  judicator)'. 

75.  No  judicial  decision,  however,  of  a  judicatory  shall  be  reversed,  unless  it 
be  regularly  brought  up  by  appeal. 

76.  If  a  judicatory  be,  at  an}'  time,  well  advised  of  any  grosslj' unconstitutional 
proceedings  of  the  lower  judicatory,  the  latter  shall  be  cited  to  appear,  at  a  spe- 
cified time  and  i)lace,  to  produce  the  records,  and  to  show  what  it  has  done  in  the 
case  in  question  ;  after  which,  if  the  charge  be  sustained,  the  whole  matter  shall 


10  THE    BOOK    OF    DISCIPLINE. 

be  concluded  by  the  judicatory  itself;  or  be  remitted  to  the  lower  judicatory  with 
directions  to  dispose  of  it  as  instructed  by  the  judicatory  remitting. 

77.  Judicatories  may  sometimes  neglect  to  perform  their  duty,  by  which 
neglect,  heretical  opinions  or  corrupt  practices  may  be  allowed  to  gain  ground  ; 
or  offenders  of  a  gross  character  may  be  suffered  to  escape  ;  or  some  part  of 
their  proceedings  may  have  been  omitted  from  the  record,  or  not  properly  re- 
corded. If,  tlierefore,  at  any  time,  the  superior  judicatory  be  well  advised  of 
such  neglects,  omissions,  or  irregularities  on  the  part  of  the  inferior  judicatory, 
it  may  require  the  records  of  the  inferior  judicatory  to  be  produced,  and  may 
proceed  to  examine,  deliberate,  and  judge  in  the  whole  matter,  as  completely  as 
if  due  record  had  been  made  ;  or  may  cite  the  lower  judicatory,  and  proceed  as 
in  the  preceding  article. 

OF   REFERENCES. 

78.  A  Reference  is  a  representation  in  writing  made  by  an  inferior  to  a  superior 
judicatory,  of  a  judicial  case  not  yet  decided.  Generally,  however,  it  is  more 
conducive  to  the  public  good,  that  each  judicatory  should  fulfil  its  duty  by  exer- 
cising its  own  judgment. 

79.  Cases  which  are  new,  important,  difficult,  or  of  peculiar  delicacy,  the 
decision  of  which  may  establish  principles  or  precedents  of  extensive  influence, 
on  which  the  inferior  judicatory  are  greatly  divided,  or  on  which  for  any  reason 
it  is  desirable  that  a  superior  judicatory  should  first  decide,  are  proper  subjects 
of  Reference. 

80.  References  are,  either  for  mere  advice  preparatory  to  a  decision  by  the 
inferior  judicatory,  or  for  ultimate  trial  and  decision  by  the  superior  ;  and  are 
to  be  carried  to  the  next  higher  judicatory. 

81.  In  the  former  case,  the  Reference  only  suspends  the  decision  of  the  in- 
ferior judicatory ;  in  the  latter,  it  submits  the  whole  case  to  the  final  judgment 
of  the  superior. 

82.  In  cases  of  Reference,  members  of  the  inferior  judicatory  may  sit,  delib- 
erate, and  vote. 

83.  A  judicatory  is  not  necessarily  bound  to  give  a  final  judgment  in  a  case 
of  Reference,  but  may  remit  the  whole  case,  either  with  or  without  advice,  to 
the  inferior  judicatory. 

84.  The  whole  record  of  proceedings  shall  be  seasonably  transmitted  to  the 
superior  judicatory,  and,  if  the  Reference  be  accepted,  the  parties  shall  be  heard. 


OF   COMPLAINTS. 

85.  A  Complaint  is  a  written  representation,  made  to  the  next  superior  judica- 
tory, by  one  or  more  persons  within  the  jurisdiction  of  the  judicatory  com- 
plained of,  respecting  any  delinquency  or  decision,  not  judicial,  by  an  inferior 
judicatory. 

86.  Written  notice  of  Complaint,  with  the  reasons  therefor,  shall  always  be 
given,  to  the  Moderator  or  Clerk  of  the  judicatory  complained  of,  within  ten  days 
after  the  action  was  taken. 

87.  If  it  shall  appear  to  the  higher  judicatory,  that  the  Complaint  is  in  order, 
and  that  the  reasons  therefor  are  sufiicient,  the  first  step  shall  be,  to  read  the 


TIIK    BOOK    OF    DIsriPLlXE.  11 

action  complained  of,  and  so  mucli  of  the  record  of  the  lower  judicatory  as  may 
be  deemed  sufficient;  then  the  parties  shall  be  heard;  and,  after  that,  the  judica- 
tory shall  proceed  to  consider  and  determine  the  case,  as  provided  for  in  cases  of 
original  process. 

88.  The  effect  of  a  Complaint,  if  sustained,  may  be,  the  reversal,  in  whole  or 
in  part,  of  the  action  of  the  lower  judicatory;  and  may  also  be  the  infliction  of 
censure  upon  the  judicatory  complained  of. 

89.  The  parties  to  a  Complaint  shall  be  known,  respectively,  as  Complainant 
and  Respondent — the  latter  being  the  judicatory  complained  of,  which  should 
always  be  represented  by  one  or  more  of  their  number  appointed  for  that 
purpose. 

90.  Neither  the  Complainant  nor  the  members  of  the  judicatory  complained 
of  shall  sit,  deliberate,  or  vote  in  the  case. 

91.  Either  of  the  parties  to  a  Complaint  may  appeal  to  the  next  superior 
judicatory. 

OF   .\PPE.\LS. 

92.  An  Appeal  may  be  taken,  by  either  of  the  original  parties  in  a  trial,  from 
the  final  judgment  of  an  inferior  judicatory;  and  these  parties  shall  be  regarded 
as  the  Appellant  and  the  Appellee. 

93.  The  grounds  of  appeal  may  be  such  as  these  :  irregularity  in  the  proceed- 
ings of  the  inferior  judicatory  ;  refusal  of  reasonable  indulgence  to  a  partj"^  on 
trial;  receiving  improper,  or  declining  to  receive  important,  testimony;  hasten- 
ing to  a  decision  before  the  testimony  is  fully  taken  ;  manifestation  of  prejudice 
in  the  conduct  of  the  case  ;  and  mistake  or  injustice  in  the  decision. 

94.  Written  notice  of  appeal,  with  the  reasons  therefor,  shall  be  given,  to  the 
>Ioderator  or  Clerk  of  the  judicatory  appealed  from,  within  ten  days  after  the 
judgment  has  been  rendered. 

95.  Appeals  are  generally  to  be  taken  from  an  inferior  judicatory  to  the  one 
immediately  superior. 

96.  The  Appellant  shall  file  his  Appeal,  and  the  reasons  for  it,  with  the  Clerk  of 
the  superior  judicatory  l)efore  the  close  of  the  second  day  of  their  session. 

97.  When  a  case  is  taken  by  appeal  to  a  superior  judicatory,  the  inferior 
shall  not  be  considered  a  party,  and  its  members  may  sit,  deliberate,  and  vote. 

98.  When  due  notice  of  appeal  has  been  given,  and  the  Appeal  and  the 
reasons  therefor  have  been  filed  in  due  time,  the  Appeal  shall  be  considered  in 
order.  The  judgment,  the  notice  of  appeal,  the  reasons  therefor,  and  the 
Appeal,  shall  be  read;  and  the  judicatory  may  then  determine,  after  hearing  the 
parties,  whether  the  Appeal  shall  be  entertained.  If  it  be  entertained,  the  fol- 
lowing order  shall  be  observed: 

(1.)  The  judgment  appealed  from  shall  be  read. 

(2.)  The  rea.sons  for  the  Appeal  shall  be  read. 

(3.)  The  record  in  the  case,  from  the  beginning,  shall  be  read,  except  what  may 
be  omitted  by  consent. 

(4.)  The  jtarties  shall  be  heard,  the  Appellant  opening  and  closing. 

(5.)  Opportunity  shall  be  given  to  the  members  of  tlie  superior  jndicatory  to  be 
heard. 


12  THE    BOOK    OF    DISCIPLINE. 

Thereupon  the  Moderator  shall  state  the  question: — "Shall  the  Appeal  be 
sustained?  Aye,  or  No?"  The  final  vote  shall  then  be  taken,  by  the  calling  of 
the  roll,  without  debate;  and  the  vote  shall  be  recorded.  If  the  judicatory 
deem  it  wise,  a  Committee  may  be  appointed,  to  report  a  minute  concerning 
the  matter,  which,  when  approved,  shall  be  spread  at  length  on  the  record. 
The  judgment  shall  then  be  entered,  and  shall  be,  to  confirm,  or  reverse  in 
Avliole  or  in  part,  the  judgment  of  the  inferior  judicatory,  or  to  remand  the  case 
for  a  new  trial.  A  certified  copy  of  the  minute,  if  one  be  made,  and  of  the 
judgment,  shall,  if  so  desired,  be  given  by  the  Clerk  to  each  of  the  parties. 

99.  If  an  Appellant  do  not  appear  before  the  next  superior  judicatory,  as 
early  as  the  second  day  of  its  meeting  next  ensuing  the  date  of  his  notice  of 
appeal,  or  show  that  he  was  unavoidably  prevented  from  seasonably  prosecut- 
ing it,  he  shall  be  considered  as  having  abandoned  his  Appeal,  and  the  previous 
judgment  shall  stand. 

100.  In  cases  of  admonition  or  rebuke,  an  Appeal  suspends  all  further  pro- 
ceedings :  but  in  all  other  cases  the  sentence  shall  be  in  force  until  the  Appeal 
be  decided. 

101.  The  judicatory  whose  judgment  is  appealed  from  shall  send  up  all  its 
records  relating  to  the  matter  of  the  Appeal:  and,  if  any  judicatory  shall  neg- 
lect its  duty  in  this  respect,  it  shall  be  censured  according  to  the  circumstances 
of  the  case :  and  the  sentence  appealed  from  shall  be  suspended,  until  a  record 
is  produced  on  which  the  issue  can  be  fairly  tried. 


CHAPTER  XI. 

OF   THE    JUDICIAL    COMMISSION. 

102.  All  Appeals  and  References  of  judicial  cases  from  the  lower  judicatories 
to  the  General  xVssembly,  and  all  Complaints  from  the  Synods,  coming  into  the 
hands  of  the  Stated  Clerk  shall,  with  the  accompanying  papers,  be  transferred 
by  him  to  a  Judicial  Commission,  which  shall  hear  and  determine  the  same,  In 
accordance  with  the  provisions  of  the  Form  of  Government  and  the  Book  of 
Discipline. 

103.  The  Commission  shall  consist  of  not  more  than  nine  ^liuisters  and  nine 
Elders,  of  whom  not  more  than  two  shall  be  chosen  from  any  one  Synod,  to  be 
elected  liy  the  General  Assembfy  b}^  ballot,  notice  of  the  election  being  given, 
and  nominations  made,  at  least  one  day  previous. 

104.  The  General  Assembly  shall,  in  the  first  instance,  elect  not  more  than 
eighteen  members,  Avho  shall  divide  themselves  into  three  equal  classes;  of 
which  the  first  class  shall  hold  otfice  one  year;  the  second,  two  years:  and  the 
third,  three  years ;  each  class  to  consist  of  an  equal  number  of  Ministers  and 
Elders.  Thereafter  one  third  shall  be  elected  yearly,  to  hold  office  three  years, 
their  term  of  office  to  comnience  on  the  1st  day  of  September  next  succeeding 
their  election. 

105.  The  Commission  shall  always  sit  at  the  time  and  place  of  the  meeting  of 
the  General  Assembly,  and  may  meet  at  such  other  times  and  places  as  the  Com- 
mission may  appoint:  and  the  necessary  expenses  of  the  members  shall  be  paid 
by  the  General  Assembly. 


THE    BOOK    OF    DISCIPLINE.  13 

106.  The  Cominissiou  shall  prcservf  a  complete  record  of  its  proceedings  and 
action.  If  it  tind,  in  the  proceedings  of  the  inferior  judicatory,  such  error  as  ren- 
ders it  inipossii)le  to  reach  a  just  judgment,  it  shall  remand  the  case  for  a  new 
trial.  It  shall  prepare,  and  report  to  the  General  Assembly,  a  formal  finding  of 
the  facts,  which  shall  be  final  in  all  cases.  On  this  finding  of  facts,  the  Com- 
mission shall  enfer  judgment,  in  accordance  with  the  Form  of  Government  and 
the  Book  of  Di-scipline,  which  shall  also  be  reported  to  the  General  Assembly: 
Provided,  however,  that  the  General  Assembly,  if  it  shall  not  approve  the  judg- 
ment, may,  in  its  discretion,  recommit  to  the  Commission,  or  i)roceed  to  such 
final  judgment  as  the  case  may  require. 

107.  A  majority  of  the  Commission  shall  constitute  a  quorum.  If  a  quorum 
be  not  present  on  the  second  day  of  the  meeting  of  the  General  Assembly,  the 
Assembly  may  appoint  as  many  of  their  own  number  as  may  be  requisite  to 
constitute  a  quorum;  and  the  members  so  appointed  shall,  during  the  meeting  of 
the  said  Assembly,  have  all  the  power  of  members  duly  elected  as  aforesaid,  and 
no  longer.  A  majority  of  the  Commission  present  shall  be  requisite  for  a  deci- 
sion; and  in  case  the  Commission  be  equally  divided,  the  decision  of  the  infe- 
rior judicatory  shall  stand  affirmed. 

108.  The  Commission  shall  appoint,  of  their  own  number,  a  ^loderator  and 
Clerk:  and  may  adopt  rules  and  regulations,  not  inconsistent  with  the  Form  of 
Government  and. the  Book  of  Discipline. 


CHAPTER  XII. 

OF    JURISDICTION. 

109.  A  member  of  a  Church,  receiving  a  certificate  of  dismission  to  another, 
shall  still  be  subject  to  the  jurisdiction  of  the  Session  of  the  Church  giving  him 
the  certificate  (but  not  entitled  to  deliberate  or  vote  in  a  church  meeting,  or  exer- 
cise the  functions  of  any  oftice),  until  he  has  become  a  member  of  the  Church  to 
which  he  is  recommended ;  and,  .should  he  return  the  certificate,  within  a  year 
from  its  date,  the  Session  shall  restore  him  to  full  membership,  if  no  offence  be 
charged  against  him,  but  not  to  any  office  that  he  may  iuive  previously  held. 

110.  In  like  manner,  a  Minister  shall  be  considered  as  subject  to  the  jurisdic- 
tion of  the  Presbytery  that  dismissed  him,  but  not  as  entitled  to  deliberate  or 
vote,  until  he  actually  becomes  a  member  of  another. 

111.  If,  however,  it  is  alleged,  that  a  Minister  or  church-member  has  com- 
mitted an  offence,  during  the  interval  between  the  dates  of  his  di.smi.ssion  by 
one  body,  and  liis  reception  by  another,  which  offence  was  not  known  until 
after  such  reception,  the  body  receiving  him  shall  have  sole  jurisdiction,  and 
sliall  take  proper  action  in  the  case. 

112.  A  Presbytery,  giving  a  certificate  of  dismission  to  a  Minister,  Licentiate, 
or  Candidate  for  licensure,  shall  specify  the  particular  body  to  which  he  is 
recommended:  and,  if  recommended  to  a  Presbytery,  no  other  than  the  one 
designated,  if  existing,  shall  receive  him. 

li;i  If  a  Church  become  extinct,  the  Presbytery  with  which  it  was  connected, 
shall  have  jurisdiction  over  its  members,  and  may  grant  them  letters  to  any 


14  THE   BOOK    OF    DISCIPLINE. 

Church  that  thej^  may  indicate.     It  may,  also,  determiue  aay  case  of  discipline 
begun  by  the  Session,  and  not  concluded. 

114.  If  a  Presbyter}'  become  extinct,  the  Synod,  with  which  it  was  connected, 
shall  have  jurisdiction  over  its  members,  and  may  transfer  them  to  any  Presby- 
tery within  its  bounds.  It  may,  also,  determine  any  case  of  discipline  begun 
by  the  Presbytery,  and  not  concluded. 


CHAPTER   XIII. 

OF   THE   REMOVAL   OF   MEMBERS,    AND   THE    LIMITATION    OF   TIME. 

115.  When  any  member  shall  remove  from  one  Church  to  another,  he  shall 
ordinarily  produce  a  certificate,  not  more  than  one  year  old,  of  his  church- 
membership  and  dismission,  before  he  be  admitted  as  a  regular  member  of  that 
Church.  The  names  of  the  baptized- children  of  a  parent,  seeking  a  dismission 
to  another  Church,  should,  if  they  are  still  members  of  his  household  and  not 
themselves  communicants,  be  included  in  the  certificate  of  dismission.  The 
certificate  is  to  be  addressed  to  a  particular  Church,  and  the  reception  of  the 
persons  so  dismissed  should  always  be  promptly  communicated  to  the  Church 
dismissing  them. 

116.  If  a  church-member,  who  has  been  more  than  two  years  absent  from  the 
place  of  his  ordinary  residence  and  Church  connections,  should  apply  for  a 
certificate  of  membership,  his  absence,  and  the  knowledge  or  ignorance  of  the 
Church  respecting  his  demeanor  for  that  time,  shall  be  distinctly  stated  in  the 
certificate. 

117.  Process  in  a  case  of  alleged  offence  shall  commence,  within  the  space  of 
one  year  after  it  shall  have  been  committed,  unless  it  shall  recently  have  be- 
come flagrant.  If  a  church-member,  however,  after  removing  to  a  place  dis- 
tant from  his  former  residence,  and  where  his  connection  with  the  Church  is 
unknown,  commit  an  offence,  the  recent  discovery  of  his  church-membership 
shall  be  equivalent  to  the  offence  itself  having  recently  become  flagrant. 

118.  The  provisions  of  this  Chapter  shall,  in  similar  circumstances,  be  appli^ 
cable  also  to  Ministers. 


THE  DIEECTORY  l^^OR  A¥ORSHTP. 


THE  FOLLOWING   A^FENDED   FORM    OF   CHAPTER   X.  IS  RECOM 

MENDED: 

OF   THE   MODE    OF   INFLICTING    AND   REMOVING    C'ENSI'RES. 

I.  The  power  which  Christ  has  given  the  ruler.s  of  his  Churcli  is  tor  editica- 
tiou,  and  not  for  destruction.  When,  therefore,  a  communicant  shall  have  been 
found  guihy  of  a  fault  deserving  censure,  the  judicatory  shall  proceed  with  all 
tenderness,  and  restore  their  offending  brother  in  the  spirit  of  meekness,  consid 
ering  themselves,  lest  they  also  be  tempted.  Censure  ought  to  l)e  inflicted  with 
great  solemnity;  that  it  may  be  the  means  of  impressing  the  mind  of  the  delin- 
quent with  a  proper  sense  of  his  sin;  and  that,  with  the  divine  blessing,  it  may 
lead  him  to  repentance. 

II.  When  the  judicatory  has  resolved  to  pass  sentence,  suspending  a  commu- 
nicant from  church  privileges,  the  jNIoderator  shall  pronounce  the  sentence  in 
the  following  form ; 

"  Whereas  you  have  been  found  guilty  [%  your  own  confession,  or  by  fiuffident 
proof,  IIS  the  case  may  he'\  of  the  sin  of  [here  mention  the  jinrticular  offence],  we 
declare  you  suspended  from  the  sacrament  of  the  Lord's  Supper,  till  you  give 
satisfactory  evidence  of  repentance."  To  this  shall  be  added  such  advice, 
admonition,  or  rebuke,  as  may  be  judged  necessary;  and  the  whole  shall  be 
concluded  with  prayer  to  Almighty  God,  that  he  would  follow  this  act  of 
discipline  with  his  blessing.  In  general,  such  censures  .should  be  inflicted  in 
the  presence  of  the  judicatory  only;  Init,  if  the  judicatory  think  it  expedient  to 
rebuke  the  otfeuder  publicly,  this  solemn  suspension  may  be  in  the  presence  of 
the  Church. 

III.  After  a  person  has  been  thus  suspenilcd,  the  Minister  and  Eiders  siiould 
frequently  converse  with  hini,  as  well  as  pray  for  him  in  jirivate.  that  it  would 
l^lease  God  to  give  him  repentance.  And,  particularly  on  days  preparatory  to 
the  dispensing  of  the  Lord's  Supper,  the  prayers  of  the  Church  sliould  be  offered 
up  for  tho.se  who  have  shut  them.selves  out  from  this  holy  communion. 

IV.  When  the  judicatory  shall  be  satisfied  as  to  the  reality  of  the  re|)entance 
of  any  suspended  member,  he  shall  be  allowed  to  profess  his  rei)entance.  and  be 
restored  to  fellowship,  in  the  jiresence  Of  the  Session,  or  of  the  Ciuirch. 

V.  When  a  suspended  jjcrson  has  failed  to  manifest  rei)entance  for  his 
oflfence,  and  has  continued  in  obstinate  impenitence  not  less  than  a  year,  it  nniy 
become  the  duty  of  the  judicatory  to  excommunicate  him  without  further  trial. 


16  THE    BOOK    OF    DISCIPLIlSrE. 

The  design  of  excommunication  is  to  operate  upon  the  offender  as  a  means  of 
reclaiming  him,  to  deliver  the  Church  from  the  scandal  of  his  offence,  and  to 
inspire  all  with  fear,  by  the  example  of  his  punishment. 

VI.  When  any  offender  has  been  adjudged  to  be  excommunicated,  either 
with  or  without  a  previous  suspension,  it  is  proper  that  the  sentence  be  publicly 
pronounced  against  him. 

The  Minister  shall,  therefore,  at  a  regular  meeting  of  the  Church,  give  them 
a  short  narrative  of  the  several  steps  which  have  been  taken,  with  respect  to 
their  offendmg  brother,  informing  them  that  it  has  been  found  necessary  to 
excommunicate  him. 

He  shall  begin  by  showing  (from  Matt,  xviii.  15,  16,  17,  18;  1  Cor.  v.  1,  3, 
3,  4,  5)  the  authority  of  the  Church  to  cast  out  unworthy  members,  and  shall 
briefly  explain  the  nature,  use,  and  consequences  of  this  censure. 

Then  he  shall  pronounce  the  sentence  in  the  following  or  like  form,  viz. : 

' '  AVhereas  A.  B.  hath  been,  hj  sufficient  proof,  convicted  of  [here  insert  the 
sirh\,  and  after  much  admonition  and  prayer  refusetli  to  hear  the  Church,  and 
hath  manifested  no  evidence  of  repentance;  therefore,  in  the  name,  and  by 
the  authority,  of  the  Lord  Jesus  Christ,  I  pronounce  him  to  be  excluded  from 
the  communion  of  the  Church."' 

After  which,  prayer  shall  be  made  for  the  conviction  and  reformation  of  the 
excommunicated  person,  and  for  the  establishment  of  all  true  believers. 

VII.  When  an  excommunicated  person  shall  be  so  affected  with  his  state  as 
to  be  brought  to  repentance,  and  to  desire  to  be  readmitted  to  the  privileges  of 
the  Church,  tlie  Session  of  the  Church  that  excommunicated  him,  having  ob- 
tained, and  placed  on  record,  sufficient  evidence  of  his  sincere  repentance  and 
deep  contrition,  shall  proceed  to  restore  him,  recording,  in  explicit  terms,  the 
grounds  on  which  such  conclusion  has  been  reached. 

The  sentence  of  restoration  shall  be  pronounced  by  the  Minister,  at  a  regular 
meeting  of  the  Church  on  the  Lord's  Day,  in  the  following  words: 

"Whereas  A.  B.  has  been  excluded  from  the  communion  of  the  Church,  but 
has  now  given  satisfactory  evidence  of  repentance;  in  the  name  of  the  Lord 
Jesus  Christ,  and  by  his  authority,  I  declare  him  absolved  from  the  sentence  of 
excommunication  formerly  pronounced  against  him;  and  I  do  restore  him  to 
the  communion  of  the  Church,  that  he  may  be  a  partaker  of  all  the  benefits  of 
the  Lord  Jesus,  to  his  eternal  salvation." 

After  which  he  shall  be  commended  to  God  in  prayer. 

VIII.  If  an  excommunicated  person  have  removed  to  a  considerable  distance, 
any  Church,  within  whose  bounds  he  may  reside,  may,  with  the  consent  of  the 
Church  tliat  excommunicated  Jiim,  restore  him  to  the  communion  of  the  Church, 
observing  the  requirements  of  the  preceding  Article. 

IX.  Censures,  other  than  suspension  from  church-privileges,  or  excommuni- 
cation, shall  be  inflicted  in  such  a  mode  as  the  judicatory  may  direct. 


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